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The Ohio Supreme Court agreed yesterday to speed up a lawsuit seeking to block the state
Medicaid expansion, which would cover 275,000 more poor Ohioans.

The procedural ruling was a victory for the six Republican members of the Ohio House and two
local Right to Life chapters who filed suit after a legislative-spending oversight panel approved
the expenditure last week of $2.56 billion in federal aid provided under the Affordable Care Act.
The Controlling Board acted at the request of Gov. John Kasich, who took administrative action to
expand Medicaid after the Republican-controlled General Assembly refused to approve it.

Those filing the lawsuit asked for an expedited briefing schedule, noting that the expansion is
scheduled for Jan. 1.

Yesterday, the court gave state attorneys five days — until Tuesday — to answer the complaint
and set a shortened schedule for filing pre-trial briefs, with the written arguments from both
sides due by early December.

Maurice Thompson, who is representing those who filed the suit, said the motion that was granted
“asserts that the action is likely to prevail, and that dire budgetary consequences could ensue
should the case not be decided prior to Jan. 1, 2014.”

State attorneys did not oppose efforts to speed the case but argued that Thompson’s claim that
the ruling could halt the expansion is misleading.

The lawsuit was filed against the Controlling Board, not the governor or state Medicaid
director, who has the authority to alter eligibility requirements within federal guidelines.

“Relators have not challenged the validity of the director’s actions ... and relators present no
argument to upend his decision in this suit,” state Solicitor Eric E. Murphy wrote in a motion with
the court.

“Instead, this case is solely about whether the Controlling Board ... properly authorized the
Medicaid director to expend additional federal funds that the department will receive during the
current biennium as a result of the director’s decision.”

Under the Affordable Care Act, the federal government will pay the entire cost of expanding
state Medicaid programs for three years beginning Jan. 1, and 90 percent or more in subsequent
years. Expanding coverage to all Ohioans with incomes up to 138 percent of the federal poverty
level — just under $16,000 a year for an individual — is expected to bring $13 billion in federal
money to the state during the next seven years. Most of those gaining coverage will be adults under
age 64 without dependent children. Medicaid already covers children, most parents and the
disabled.